Tag: Boston Marathon Bombings
Dzhokhar Tsarnav's defense team filed a third motion to change venue yesterday. They provided a lot of statistics and quotes from the voir dire process so far to show Tsarnaev cannot get a fair trial in Boston.
In the filing Thursday, the lawyers said questionnaires filled out by 1,373 prospective jurors from Eastern Massachusetts show that 85 percent of them either believe Tsarnaev is guilty, have some self-identified connection to the case, or both.
“There is now no doubt that these emotions are deep, that they linger, and they are peculiar to and permeate the entire Eastern Division,” of Massachusetts, the lawyers argued, adding that 68 percent of the jury pool believes Tsarnaev is guilty “before hearing a single witness or examining a shred of evidence at trial.”
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Update: Tsarnaev's defense team has now requested a continuance due to the Paris shootings.
Boston Magazine has an interesting interview with Stephen Jones, lead trial counsel for Timothy McVeigh, "Tale of Two Trials" on similarities and differences in McVeigh's case and that of Dzhokhar Tsarnaev.
On jury selection, he raises the issue of the "stealth juror."
The federal courts, in my opinion, engage in a fiction. The fiction is — and some sincerely believe it, but I think nevertheless it’s a fiction — that once the juror takes an oath as a juror that their personality and character sort of changes and now they recognize this tremendous responsibility on them. I’ve not found that to be true.
What I’ve found is that the more notorious the case is, or the greater the publicity, jurors campaign to be on the jury so they can be a part of history, and that was certainly the case in Mr. McVeigh’s jury.
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Update: It should be pointed out that the only thing happening Monday is that those summoned for jury duty will fill out a questionnaire. The court and lawyers will review them for a week or so. The jurors will be given a phone number to call which will tell them whether they have been excused or should appear on a certain date for further participation, or should call back at some other time. What most people think of as the trial (opening statements, testimony, etc) is not expected to begin before the end of January according to pleadings filed in the case.
Jury selection will begin Monday as scheduled in the trial of Dzhokhar (Jahar) Tsarnaev. The First Circuit Court of Appeals today denied his Petition for a Writ of Mandamus which sought a change of venue, or an order compelling the trial judge to stay jury selection and hold an evidentiary hearing on his request for a change of venue. (Background here.) The four page decision is here. One judge dissented, and would have granted the application. [More....]
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Jury selection is scheduled to begin Monday in the trial of Dzhokhar Tsarnaev, accused of the Boston Marathon bombings. Yesterday, hours after the trial court refused its most recent request for a continuance, the defense filed a petition for writ of mandamus with the First Circuit Court of Appeals requesting a change of venue, or in the alternative, an order compelling the trial judge to hold an evidentiary hearing on its change of venue motion. You can read it here. It also filed a motion in the trial court requesting that jury selection be delayed until the appeals court has ruled.
The petition makes several references to the ruling of Judge Matsch in the OKC bombing case of Timothy McVeigh and Terry Nichols (available here.) Judge Matsch rejected the Government's arguments that a fair trial could be held outside of OKC, but still in Oklahoma. He ruled a fair trial was not possible anywhere in the state of Oklahoma, and moved the trial to Denver. [More...]
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Dzhokhar Tsarnaev's lawyers are asking for a trial delay, primarily due to last minute document dumps by the Government, as well as new expert witness disclosures. The Government opposes the delay. I've uploaded the defense motion here and the Government's motion here. (Addresses and phone numbers of defense counsel redacted.) From the Defense motion:
The size of the witness list:
On December 15, the government provided a witness list (comprised of 590 “law enforcement personnel” and 142 “civilian witnesses”) and an exhibit list (naming 1,238 exhibits and an additional 413 “files contained on digital exhibits”).
On the recent document dumps: [More...]
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Hoping to get a lower sentence when he is sentenced for obstruction of justice, Azamat Tazhayakov testified against his friend Robel Philippos yesterday. Phillipos is charged with making false statements to the FBI. Initially, the FBI says, he lied about being in the dorm room. Then it claims he lied about the actions of his two friends, Azamat and Dias Kadyrbayev, who were present in the dorm room, with respect to what he saw and heard later at their apartment. Tsarnaev had already been named a suspect at the time, and his photo had been released to the media. Twitter has more coverage from reporters who were live-tweeting from the courtroom. They don't seem to have used a uniform hashtag -- a search within Twitter for Robel brings most of them up.
Phillipos defense is he was so stoned on pot he didn't remember events well enough to accurately recount them. Azamat, convicted in July, testified Phillipos didn't seem all that stoned. He did confirm that Robel had smoked pot several times that night and the next morning.
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Opening arguments began today in the trial of Robel Phillipos, the third friend of Dzhokhar Tsarnaev to be charged with a crime related to the removal of items from Tsarnaev's dorm room after Tsarnaev was identified as a suspect in the Boston Marathon bombings.
He is charged with making false statements to the FBI. His defense: He was "stoned out of his mind."
Friend Azamat Tazhayakov was found guilty of obstruction of justice at a trial in July; Dias Kadyrbayev pleaded guilty to obstruction in August. Neither have been sentenced yet. A fourth friend, Steven Silva, is awaiting trial on gun charges.
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Juror Daniel Antonino told reporters the jury believed the laptop had been taken "because it was valuable, plain and simple," and not to influence the investigation.
The defense will appeal. Among other things, they say Azamat was prejudiced by the split verdict form.
Moral of the story: Don't talk to the Feds without a lawyer. Our prisons are filled with people who thought if they could only tell their side of the story, the cops would see it their way. It rarely happens. Ask for a lawyer immediately and don't talk until you've consulted one. [More...]
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During opening arguments, Tazhayakhov's lawyer asked them to "give the kid a shot." Did they? Stay tuned.
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In opening arguments today in the trial of Azamat Tazhayakov, one of the two friends of accused Boston Marathon bomber Dzhokhar Tsarnaev who is charged with obstruction of justice and conspiracy to obstruct justice Azamat's lawyer, Nicholas Woolridge, told the jury, "I hope you give this kid a shot."
Woolridge also told the jury that it was Dias Kadyrbayev,who will be tried at a later date, who took the backback from Jahar's dorm room back to their apartment, and that it was Dias' girlfriend, who will testify under a grant of immunity from prosecution, who told Dias to get rid of it. Woolridge said Dias only told Azamat about getting rid of the backpack after the fact. [More...]
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Dzhokhar Tsarnaev has requested a change of venue to Washington, D.C. The judge has not yet ruled on the motion.
Since Mass. does not have a death penalty, many thought the defense would prefer to have the trial there, notwithstanding the pretrial publicity. But the expert surveys conducted by the defense showed Mass. residents presumed Tsarnaev guilty in greater numbers than residents of other places:
Attorneys said they had enlisted an expert to survey public opinion in four cities: Boston, Springfield, Mass., New York City and Washington. Respondents were asked a series of questions, including whether they believed Tsarnaev was "definitely guilty, probably not guilty or definitely not guilty" of the April 2013 bombings that left three dead and more than 260 wounded.
In Boston, 58% said they believed Tsarnaev was definitely guilty, as did 52% in Springfield and 48% in Manhattan. Only 37% in Washington said the same.
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The federal judge in the Dzhokhar Tsarnaev case has denied the Government's request to include "betrayal of the U.S." as an aggravating factor in the penalty phase of his trial, calling the attempt "highly inappropriate."
Federal prosecutors have argued, in part, that Tsarnaev, now 20, deserves the death penalty because he betrayed his allegiance to the country that granted him asylum and, later, citizenship.
The defense countered with:
"(I)n not one of the 492 cases before Mr. Tsarnaev's has the government cited the fact of a defendant's American citizenship, the way he became a citizen, any aspect of his immigration history, or his enjoyment of the freedoms of an American citizen as a reason to sentence him to death,"
The Judge ruled it was "highly inappropriate" for prosecutors to draw a distinction between a "naturalized" and "natural-born" U.S. citizen.[More...]
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The Government responded to several of Dzhokhar Tsarnaev's motions today. In its response to his motion to suppress statements, it reprinted what Jahar has scrawled while hiding inside the boat:
I’m jealous of my brother who ha[s] [re]ceived the reward of jannutul Firdaus (inshallah) before me. I do not mourn because his soul is very much alive. God has a plan for each person. Mine was to hide in this boat and shed some light on our actions. I ask Allah to make me a shahied (iA) to allow me to return to him and be among all the righteous people in the highest levels of heaven. He who Allah guides no one can misguide. A[llah Ak]bar!
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The motion, which seeks a lot of information about Tamerlan and the family's history, is an attempt to get the Government to turn over documents that could be used as mitigation evidence in the death penalty phase to show Dzhokhar fell under the spell of his over-powering brother. The defense says it is asking for:
...any evidence tending to show that Tamerlan (Tsarnaev) supplied the motivation, planning, and ideology behind the Boston Marathon attack, and that his young brother acted under his domination and control … .”
The motion doesn't claim the FBI tried to get Tamerlan to be an informant. It says it has information from its interviews of family members that the FBI met with Tamerlan before his trip to Russia on more than one occasion and that the family said the FBI tried to get Tamerlan to be an informant. It's trying to find out if the the Government is in possession of information that supports the family's statements. [More...]
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Dzhokhar Tsarnaev's defense lawyers have filed a motion (available here) renewing its request to lift the SAMs (special administrative measures) imposed by the Bureau of Prisons and to compel the Government to use a "taint team." The motion says "the defense is encountering obstacles related to FBI monitoring of family visits and BOP screening of materials that defense counsel need to review with the defendant."
When Dzhokhar Tsarnaev is visited by one of his sisters, the SAMs restrictions on him require the visit be monitored by the U.S. Marshals Service, Bureau of Prisons or FBI, so that the Government can determine if the visit is being used to pass messages soliciting or encouraging acts of violence or other crimes, or some other purpose that would violate the SAMs. The Government has recently said that an FBI agent present during a visit with one of his sisters heard Jahar make an inculpatory remark.
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